Scheduling Order as to Emmet Bowens; Status Conference set — United States v. Bowens (Dkt. 16, M.D. Fla.)

Record facts

U.S. District Court for the Middle District of Florida · No. 6:21-cr-00141-RBD-NWH · Doc. 16 · 2021-12-16 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
ORLANDO DIVISION 
 
UNITED STATES OF AMERICA 
 
 
VS. 
CASE NO: 6:21-cr-141-RBD-EJK 
EMMET BOWENS 
 
 
CRIMINAL SCHEDULING ORDER 
The defendant has been arraigned. To initiate a simple self-executing 
discovery procedure; to reduce expense and delay by eliminating routine or 
standard discovery motions for which established rulings and precedent exist; to 
encourage voluntary disclosure by the prosecution and by the defense; to facilitate 
the effective assistance of counsel; and to secure a just determination, this 
scheduling order will control the subsequent course of this criminal proceeding. 
See Fed. R. Crim. P. 2; Local Rule 1.01(b). The parties shall comply with the 
following discovery and scheduling requirements without the need for further 
discovery motions or demands:  
I. 
OPTING OUT 
A. Defendant’s Election Not to Request Disclosure — This Order deems 
each party to have requested disclosure to the full extent allowed by 
Fed. R. Crim. P. 16. Within seven (7) days of the date of this order, 
however, a defendant may file and serve by hand delivery a written 
notice electing not to request disclosure under Fed. R. Crim. P. 
16(a)(1)(E), (F), and (G). To be effective, the written notice must 
specify the precise subsection or subsections of Fed. R. Crim. P. 
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16(a)(1) under which the defendant elects not to request disclosure. 
Where a defendant has served timely written notice electing not to 
request disclosure under one or more specific subsections of Rule 
16(a)(1), the government has no obligation to provide disclosure to 
the extent specified in the defendant’s notice. 
B. Reciprocal Disclosure of Documents, Objects, Reports — A defendant 
who has filed and served timely written notice electing not to request 
disclosure under Fed. R. Crim. P. 16(a)(1)(E) (relating to documents 
and objects), Rule 16(a)(1)(F) (relating to reports of examinations and 
tests), and Rule 16(a)(1)(G) (relating to expert witnesses) has no 
obligation to provide reciprocal discovery to the government 
pursuant to Rule 16(b)(1)(A), (B), and (C). 
C. Disclosure regarding Experts — A defendant who has filed and 
served timely written notice electing not to request disclosure under 
Rule 16(a)(1)(G) (relating to expert witnesses), and who has not filed 
and does not intend to file a notice pursuant to Rule 12.2(b) (relating 
to expert evidence of a mental condition), has no obligation to provide 
reciprocal discovery to the government pursuant to Rule 
16(b)(1)(C)(i). 
D. Order of Compliance Unchanged — This order imposes no obligation 
on a defendant to provide reciprocal discovery under a subsection of 
Fed. R. Crim. P. 16(b)(1) until the government has complied with its 
obligations pursuant to Rule 16(a)(1)(E), (F), and (G). 
E. Other Requirements — The filing and service of an opt-out notice 
under this paragraph relieves the government of its obligations under 
¶ ¶ I (E) - (G) of this Order, and relieves the defendant of obligations 
under ¶ ¶ I (Q) - (S) of this Order, only to the limited extent specified 
above. The filing and service of a notice under this paragraph does 
not otherwise relieve a party of any obligation to comply with the 
requirements of this Order.  
 
 
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II. 
DISCOVERY AND INSPECTION 
A. 
Enforcement of Deadlines — The parties are cautioned that failure 
to comply with the deadlines set forth in this Order may result in 
untimely motions being denied without further notice. 
B. 
Oral Statements of the Defendant— Within fourteen (14) days from 
the date of this Order, the government shall disclose to the defendant, 
to the extent required by Fed. R. Crim. P. 16(a)(1)(A), and make 
available for inspection, copying, or photographing, that portion of 
any written record containing the substance of any relevant oral 
statement made by the defendant, whether before or after arrest, in 
response to interrogation by any person then known to the defendant 
to be a government agent, as well as the substance of any such oral 
statement that the government intends to use trial. Similarly, the 
government shall disclose to an organizational defendant the 
information required by Fed. R. Crim. P. 16(a)(1)(C). 
C. 
Written or Recorded Statements of the Defendant — Within 
fourteen (14) days from the date of this Order, the government shall 
disclose to the defendant, to the extent required by Fed. R. Crim. P. 
16(a)(1)(B), and make available for inspection, copying, or 
photographing, any relevant written or recorded statements made by 
the defendant, or copies of the statements, within the government’s 
possession, custody or control, the existence of which is known or 
through the exercise of due diligence may become known to the 
attorney for the government, including recorded testimony of the 
defendant before a grand jury which relates to the offense charged. 
Similarly, the government shall disclose to an organizational 
defendant the information required by Fed. R. Crim. P. 16(a)(1)(C). 
D. 
Prior Record — Within fourteen (14) days of the date from this Order, 
the government shall furnish to the defendant, to the extent required 
by Fed. R. Crim. P. 16(a)(1)(D), a copy of the defendant’s prior 
criminal record, if any. 
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E. 
Document and Objects — Within fourteen (14) days from the date of 
this Order, the government shall permit the defendant, to the extent 
required by Fed. R. Crim. P. 16(a)(1)(E), to inspect and copy or 
photograph books, papers, documents, data, photographs, tangible 
objects, vehicles, vessels, aircraft, buildings or places which are within 
the possession, custody or control of the government, and which are 
material to the preparation of the defendant’s defense, or are intended 
for use by the government as evidence in chief at the trial, or were 
obtained from or belong to the defendant. 
F. 
Reports of Examination and Tests  — Within fourteen (14) days 
from the date of this Order, the government shall permit the 
defendant, to the extent required by Fed. R. Crim. P. 16(a)(1)(F), to 
inspect and copy or photograph any results or reports of physical or 
mental examinations, and of scientific tests or experiments, which are 
within the possession, custody or control of the government, the 
existence of which is known, or by the exercise of due diligence may 
become known, to the attorney for the government, and which are 
material to the preparation of the defendant’s defense, or are intended 
for use by the government as evidence in chief at the trial. The 
government shall provide to the defendant, for independent expert 
examination, copies of all latent fingerprints or palmprints which 
have been identified by a government expert as those of the 
defendant. 
G. 
Expert Witnesses — Within fourteen (14) days from the date of this 
Order, the government shall disclose to the defendant, to the extent 
required by Fed. R. Crim. P. 16(a)(1)(G), a written summary of any 
testimony that the government intends to use under Fed. R. Evid. 702, 
703, or 705 during its case-in-chief at trial. This summary must 
describe the witnesses’ opinions, the bases and the reasons for the 
opinions, and the witnesses’ qualifications. Within seven (7) days of 
service on the government of the defendant’s summary of testimony 
pursuant to Fed. R. Crim. P. 16(b)(1)(C) (relating to expert testimony 
on the defendant’s mental condition after notice under Rule 12.2 (b)) 
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(see Section II.S below), the government shall disclose to the defendant 
a written summary of testimony on the issue of the defendant’s 
mental condition pursuant to the second sentence of Rule 16(a)(1)(G). 
H. 
Electronic Surveillance — Within fourteen (14) days from the date of 
this Order, the government shall disclose to the defendant the nature 
and extent of the use of electronic surveillance (including 
wiretapping, consensual monitoring, body wires, tape recordings, 
transmission devices, videotape recordings, bank surveillance 
recordings, pen registers) or mail covers conducted by law 
enforcement officers or witnesses in investigating this case, and also 
disclose the existence of all recordings obtained and final transcripts 
made during the investigation, regardless of whether the government 
intends to use the recordings and transcripts in its case-in-chief.1 
I. 
Confidential Informants — Within fourteen (14) days from the date 
of this Order, the government shall disclose to the defendant whether 
it has used a confidential informant in investigating this case. 
J. 
Conflict of Interest — Within fourteen (14) days from the date of this 
Order, and in any event as soon as possible to permit the prompt 
filing of an appropriate motion, the government shall alert counsel for 
the defendant if the government is aware of a potential conflict of 
interest in the representation of the defendant by such attorney in this 
case. All parties shall inquire of their witnesses about matters that 
may give rise to a conflict of interest, including whether any attorney 
in the case has previously represented the witness. 
K. 
Photo Identification — Within fourteen (14) days from the date of 
this Order, the government shall disclose to the defendant whether 
any person has identified the defendant in any lineup, show up, 
 
1 Electronic surveillance pursuant to a FISA warrant and evidence derived therefrom is 
not required to be automatically disclosed pursuant to this subsection or Section II.M (“Evidence 
Seized by Warrant”); instead, such surveillance and evidence is subject to the strictures applicable 
to FISA. See United States v. Osmakac, 868 F.3d 937, 952 (11th Cir. 2017); United States v. Badia, 827 
F.2d 1458, 1464 (11th Cir. 1987).  
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photo spread or similar identification proceeding, and permit the 
defendant to inspect, copy, and photograph any pictures utilized in 
or resulting from the identification. 
L. 
Evidence Seized by Warrant — Within fourteen (14) days from the 
date of this Order, the government shall specify all items seized from 
a defendant and all the seized evidence, if any, that the government 
intends to introduce in its case in chief at trial and permit the 
defendant to inspect and copy any search warrant and affidavit, 
together with the inventory of any search pursuant to Fed. R. Crim. 
P. 41, pursuant to which the evidence was seized. 
M. 
Rough Notes — The government shall advise all law enforcement 
agents and officers involved in this case to retain any rough notes, 
recordings, reports, and statements pertaining to this case which now 
exist. 
N. 
Destruction of Evidence — The government shall not destroy any 
evidence in this case without giving fourteen (14) days written notice 
to all defense counsel. If there is any objection filed to the proposed 
destruction, the government shall not destroy the evidence without 
first having obtained the Court’s approval.  
O. 
Speedy Trial — The government shall have responsibility for 
informing the Court of any delay in the prompt disposition of this 
criminal case pursuant to the Speedy Trial Act of 1974, 18 U.S.C. 
§ 3165 and the Middle District of Florida’s Speedy Trial Plan, Fed. R. 
Crim. P. 50. 
P. 
Reciprocal Discovery of Documents and Objects — Within Fourteen 
(14) days from the date of receipt of the government’s discovery, the 
defendant shall permit the government, to the extent required by Fed. 
R. Crim. P. 16(b)(1)(A), to inspect and copy or photograph books, 
papers, documents, data, photographs, tangible objects, and 
buildings or places which are within the possession, custody or 
control of the defendant, and which the defendant intends to 
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introduce as evidence in chief at trial, provided that the government 
has done the same. 
Q. 
Reciprocal Discovery of Reports of Examinations and Tests — 
Within fourteen (14) days from the date of receipt of the 
government’s discovery, the defendant shall permit the government, 
to the extent required by Fed. R. Crim. P. 16(b)(1)(B), to inspect and 
copy or photograph any results or reports of physical or mental 
examinations, and of scientific tests or experiments, which are within 
the possession, custody or control of the defendant, which the 
defendant intends to introduce as evidence in chief at trial, or which 
were prepared by a witness whom the defendant intends to call at the 
trial when the results or reports relate to that witness’ testimony, 
provided that the government has done the same or has disclosed that 
no such reports exist. 
R. 
Reciprocal Discovery of Expert Witnesses — Within fourteen (14) 
days from the date of receipt of the government’s discovery, the 
defendant shall disclose to the government, under the circumstances 
and to the extent required by Fed. R. Crim. P. 16(b)(1)(C), a written 
summary of testimony that the defendant intends to use under Fed. 
R. Evid. 702, 703, or 705 as evidence at trial. This summary must 
describe the witnesses’ opinions, the bases and the reasons for the 
opinions, and the witnesses’ qualifications. Within seven (7) days of 
the filing and service of notice under Fed. R. Crim. P. 12.2(b) of an 
intent to present expert testimony on the defendant’s mental 
condition (see Section III.CC below), a defendant shall disclose to the 
government a written summary of testimony to the extent required 
by Fed. R. Crim. P. 16(b)(1)(C). 
S. 
Brady Material — Pursuant to the Due Process Protections Act, the 
Court confirms the United States’ obligation to produce all 
exculpatory evidence to the defendant pursuant to Brady v. Maryland, 
373 U.S. 83 (1963), and its progeny and orders the United States to do 
so no later than fourteen (14) days before the first day of the trial term 
in which this case is set for trial (see Section IV.B below). Failing to do 
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so in a timely manner may result in consequences, including 
exclusion of evidence, adverse jury instructions, dismissal of charges, 
contempt proceedings, and sanctions. 
T. 
Giglio Material — No later than fourteen (14) days before the first 
day of the trial term in which this case is set for trial (see Section IV.B 
below], the government shall disclose to the defendant the existence 
and substance of any payments, promises of immunity, leniency, 
preferential treatment, or other inducements made to prospective 
government witnesses to the extent required by Giglio v. United States, 
405 U.S. 150 (1972) and Napue v. Illinois, 360 U.S. 264 (1959). For each 
witness (under every name used by the witness) who will testify for 
the government at trial, the government shall supply the defendant 
with a record of all prior convictions of the type that may be used to 
impeach a witness pursuant to Fed. R. Evid. 609. The government 
shall make available any application to the Court for immunity of a 
witness, as well as any order issued in response to the application. 
U. 
Jencks Act Material — All parties shall be prepared to comply with 
the Jencks Act, 18 U.S.C. § 3500 and Fed. R. Crim. P. 26.2 relating to 
the production of witness statements on demand after the witness has 
testified on direct examination. The parties may agree on — but the 
Court does not order — an earlier time for the exchange or production 
of Jencks Act and Rule 26.2 material. See Fed. R. Crim. P. 16(a)(2). 
V. 
Continuing Duty to Disclose — No later than seven (7) days after it 
comes into the possession of counsel, all parties shall disclose to 
opposing counsel or the Court additional newly-discovered evidence 
or material which is subject to discovery, as required by Fed. R. Crim. 
P. 16(c). 
W. 
Agreed Extensions — The Court recognizes and encourages the 
tradition of agreement and cooperation among counsel in discovery 
and inspection without Court involvement. Without the need for a 
Court order, the parties may agree in writing to extend or modify the 
times allowed above in ¶ I of this order for discovery and inspection. 
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However, any agreed extension or modification may not alter, 
disrupt, or delay the status conference, the trial, or the timely filing 
and resolution of Pretrial Motions. Counsel are cautioned that the 
deadlines established in this Order are purposeful and not 
advisory. While the parties are encouraged to be cooperative, agreed 
extensions will not constitute good cause to continue the trial or 
extend the Pretrial Motions Deadline, nor are the parties permitted to 
agree to extend the Pretrial Motions Deadline unilaterally without 
Court approval. Should a party seek continuance of the trial or an 
extension of the Pretrial Motions Deadline, the party must file an 
motion setting forth good cause for the extension, including a 
consideration of the impact of the request on the Court’s speedy trial 
obligations. 
X. 
Discovery Complete Notice with the Court — At such time as the 
government has provided all discovery material to defense counsel, 
the government shall file a “discovery complete” notice with the 
Court, which notice shall state: 1) the date the discovery was 
furnished and 2) the contents of such discovery (if confidential, under 
seal) to include what information mandated in this Section has been 
provided.2 Such notice must be filed no later than three (3) days 
prior to the status conference. If discovery is not complete at that 
time, the government must set forth good cause for the lack of 
completion, the status of discovery, and an estimated time by which 
discovery will be completed. 
III. 
MOTIONS AND NOTICES  
A. 
Notice Regarding Recusal — Within fourteen (14) days from the date 
of this order, the government shall file and serve a notice listing each 
person or non-governmental entity of which it is aware who now has, 
or in the future may have, a financial interest in the subject matter in 
controversy, or in a party to this proceeding. The notice shall include 
 
2 Brady, Giglio, and Jencks material is excepted from the requirements of the Discovery 
Complete Notice, and shall be disclosed pursuant to the timing stated in Sections II.S–U above.    
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1) each victim of the charged conduct who may be entitled to 
restitution; 2) each person or non-governmental entity who may claim 
an interest in forfeitable assets; 3) each corporation, partnership, or 
association that is controlled by a defendant; and 4) each publicly-
traded corporation that is a parent, subsidiary, or affiliate of a victim 
or otherwise interested corporation. Each party has a continuing 
obligation to file and serve a notice regarding recusal on learning of 
any ground for recusal or disqualification of a judicial officer or 
counsel. 
B. 
Notice of Estimated Length of Trial — Within fourteen (14) days 
from the date of this Order, the government shall file and serve a 
notice of the estimated length of trial. 
C. 
Pretrial Notices Deadline — Within thirty-five (35) days from the 
date of this Order, the parties shall file and serve all notices required 
by law, including those required by Fed. R. Evid. 404(b) and Fed. R. 
Crim. P. 12(b)(4), 12.1, 12.2, and 12.3. 
D. 
Pretrial Motions Deadline — Within thirty-five (35) days from the 
date of this Order, the parties shall file and serve the following 
pretrial motions (with memoranda and certificate): 
1. 
 All motions identified in Fed. R. Crim. P. 12(b)(3);   
2. 
 Motions for a bill of particulars; 
3. 
 Motions for a James, Bruton, or Franks hearing; and 
4. 
All other discovery motions, if any, not specifically   
covered by this order.  
The parties shall refrain from filing unnecessary discovery motions 
concerning matters covered in this order; any such motions will be 
denied. 
Any pretrial motions (as defined by this subsection) that are filed past 
the deadline may be summarily denied as untimely. Any untimely 
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motions must set forth good cause for the delay. See Fed. R. Crim. P. 
12(c)(3).  
E. 
Types of Motions Not Covered by This Order’s Pretrial Motions 
Deadline — The filing deadline in Section III.D above does not apply 
to motions in limine, including motions to exclude or limit the 
admissibility of evidence under Fed. R. Evid. 402, 403, and 404(b)), 
and Daubert motions. A separate deadline for motions in limine and 
Daubert motions (“Motion in Limine Deadline”) will be set forth in 
the Pretrial Order following the status conference. The Motion in 
Limine Deadline does not reset the Pretrial Motions Deadline set forth 
in this Order for the motions described in Section II.D above. 
F. 
Certificate Required in Motions — Before filing any motion in a 
criminal case that is not an ex parte motion, the moving party shall 
confer with counsel for the opposing party in person or by telephone 
(but not solely by letter, email or facsimile) in a good faith effort to 
resolve the issues raised by the motion, and shall include in the 
motion a statement certifying 1.) that the moving counsel has 
conferred with opposing counsel; 2.) that counsel have been unable to 
resolve the motion by agreement; and 3.) that the motion concerns 
matters which are not covered by the scheduling order. The Court 
will immediately deny without prejudice any motions filed 
without the required conferral certificate. Except where the 
certificate specifies timely calls or visits comprising a significant good 
faith effort by the movant to confer, the Court will also deny without 
prejudice motions that merely certify an “attempt” to confer. Subject 
to the constraints specified in this Order, a lawyer should respond 
promptly to inquiries and communications from opposing counsel. 
Board of Governors of the Florida Bar, Ideals and Goals of 
Professionalism (adopted May 16, 1990), 70 Florida Bar Journal 686, 687 
¶ 6.10 and Creed of Professionalism ¶ 8. 
G. 
Waiver — Failure to raise defenses or objections by timely motion 
shall constitute waiver. Relief from waiver may be granted for cause 
on a showing of excusable neglect. 
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H. 
Memoranda in Opposition — Each party opposing any written 
motion shall file and serve, within fourteen (14) days after being 
served with such motion, a memorandum with citation of authorities 
in opposition to the relief requested. An unopposed motion is subject 
to being granted as unopposed unless covered by this order, in which 
case the motion will be denied as moot. 
I. 
Jury Instructions, Verdict Form, Voir Dire Questions and Witness 
Lists — Unless requested earlier by the Court, no later than fourteen 
(14) days before the first day of the trial date in which this case is set 
for trial (see Section IV.B below), counsel shall file and serve a single 
set of jointly proposed questions for the Court to ask the venire during 
voir dire, a single set of proposed jury instructions, a single proposed 
verdict form and the parties' respective witness lists. Jury instructions 
shall be based on the Eleventh Circuit Pattern Jury Instructions. At 
the time of filing the voir dire questions, jury instructions and 
verdict form, the parties shall provide an electronic copy of same to 
chambers via e-mail in Microsoft Word 2007 (or later) format.3 
J. 
Demonstrative Exhibits — The Court requires demonstrative 
exhibits that parties intend to use in opening statements and closing 
arguments be given to opposing counsel no later than one full work 
day (24 hours) prior to the commencement of trial. 
IV. 
SCHEDULING 
A. 
Status Conference — This case is set for a status conference before 
the Honorable Roy B. Dalton, Jr. on January 13, 2022, at 10:00 AM, in 
Courtroom 4A, Fourth Floor, U.S. Courthouse 401 West Central 
Boulevard, Orlando, Florida. The district court may reject as 
untimely any plea agreements filed after the status conference. The 
deadline for completing a change of plea is seven (7) days after the 
status conference. After the plea deadline the Court will only accept 
a straight guilty plea to the indictment or information, as charged. 
 
3 E-Mail should be sent to the chambers e-mail address of the presiding judge, which can 
be found on CM/ECF. 
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Counsel should contact the Magistrate Judge sufficiently in 
advance of the plea deadline to ensure the plea will be received 
timely. Defendant’s presence is not required at the status conference. 
See Fed. R. Crim. P. 43(c)(3). 
B. 
Trial — This case is set for trial before the Honorable Roy B. Dalton, 
Jr., United States District Judge, on the trial term commencing 
February 7, 2022, at 9:00 AM. After the first day of the trial term, all 
counsel shall be available and ready for trial on twenty-four (24) hours 
notice. 
DONE and ORDERED in Orlando, Florida, 15th day of December 2021. 
 
 
 
             
 
 
Copies furnished to:  
United States Marshal 
United States Attorney  
Counsel of Record 
 
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